City to adopt stricter regulations on blasts

Tuesday, July 19, 2005 | 9:47 a.m.

Despite opposition from some developers and demolition contractors, the Henderson City Council tonight is preparing to adopt stricter regulations to quiet concerns of residents fearful that blasting is damaging their homes.

The council's consideration of tougher regulations comes five days after a blast detonated by a Henderson company, Sandex Inc., damaged an apartment complex and homes in Sparks. The blast for a new subdivision sent rocks, some of which were 10 to 12 inches long, flying 900 to 1,000 feet and through a golf cart roof and though window of one home, said Sparks Fire Marshal Bob King.

No one was injured, including golfers using the cart who weren't in it at the time, King said. An investigation into the cause of the destructive blast is under way.

Investigators will be looking at the geology of the hillside and whether too much explosive was used, he said.

Sparks' code, however, allows 100 to 150 percent more intensity in blasts than Henderson, said King, who added he has talked with Henderson officials about the incident.

"It is rather odd timing, and I think it affects the public perception of this issue," said Henderson Assistant City Attorney Mark Zalaoras. "Whether it will have a practical affect, I can't say. I wonder that myself."

Lake Las Vegas resident James Sabalos, an attorney, said the incident in Sparks should be a warning sign about the dangers of blasting and that someone can be killed. He has called on the city to halt most blasting because of the danger.

"This is an example of how dangerous blasting is," Sabalos said.

Sandex isn't blasting in Henderson, said company president Lee Sanders, who said soft soil may have led to the projection of rocks in Sparks. His brother's company, Sanders Construction, is blasting in Henderson.

Developers have been blasting in Henderson in recent months to clear hillside areas of rock for the construction of homes and streets. The blasts have shaken homes and prompted some complaints that the explosions cracked walls and caused other damage.

Contractors said the blasts aren't causing any damage.

The city hired a blasting consultant who blames wind, temperature and humidity fluctuations as the likely culprit of damage to homes that were part of the study of MacDonald Highlands, Crystal Ridge and Sun City MacDonald Ranch.

Earlier this month, few residents showed up at neighborhood meetings to discuss the proposed blasting ordinance, but city officials said it was a holiday week and it doesn't mean residents don't care.

The new regulations under consideration by Henderson won't change the decibel and vibration levels currently allowed during blasts. Instead, it will place other restrictions such as outlawing blasting up to 100 feet of homes, buildings and utility lines and requiring blasting contractors submit highly detailed plans and analyze the results of the blasts.

Henderson city staff is expected to unveil an amendment to that proposed regulation tonight that allows blasting closer than 100 feet to homes, as long as property owners next to the blast agree to it, Zalaoras said.

The ordinance would also place greater requirements on contractors to notify the public before blasting occurs. That includes public meetings and mailed notices.

The ordinance had called for notices up to a half-mile away from blast sites, but amendments to that would link the distance of the notifications to intensity of the explosion, Zalaoras said.

The proposed ordinance has come under fire from some blasting contractors and developers as too restrictive and unnecessary and adding to the cost of homes.

Norman Kirshman, the attorney for Sanders Construction, accused the city of making a "rush to judgment" on its proposed regulations. He said Henderson isn't following the conclusions of its blasting consultant, Catherine T. Aimone-Martin, in that proposed rules are not based on science.

"The public perception of a rush job and new regulations will inevitably be that it is business as usual, more unnecessary regulation, a larger bureaucracy and additional construction costs, all to be paid by the taxpayer," Kirshman said in a letter to the council.

Henderson officials defend the proposed regulations as necessary to protect people and their property.

Even Aimone-Martin said Monday she supports the proposed regulations, which she said would serve as a model across the country. The rules would result in a thought-out approach to blasting, she said.

"I think it protects the public and guarantees the blasts will exercise a high-degree of caution when preparing the site," Aimone-Martin said. "It is a good example of blasting in an urban environment."

Henderson's existing regulations are conservative in national standards, allowing 0.5 inches of vibration per second. Some communities allow as much as 1 to 2 inches per second, while the lowest standard is 0.3 inches, Aimone-Martin said. Having a standard of 2 inches or above can result in damage, she said.

Paul Bykowski, the vice president of land development for MacDonald Highlands, has called on the city to remove the section of the proposed ordinance prohibiting explosives within 100 feet of homes. He said that close-range blasting is sometimes necessary because of existing soil conditions.

Bykowski called on the city to allow higher decibel levels and to reduce or eliminate other proposed regulations.

"It is unfortunate that this blasting ordinance was crafted without input from the development community and no draft was available for changes prior to presentation to the council," Bykowski wrote in a letter to the city. "Since the recent blasting study has determined that no damage is occurring at current levels, there should not be a need to rush into a change without proper analysis and consideration."

Henderson Councilwoman Amanda Cyphers said she's prepared to adopt the ordinance tonight and criticized blasting contractors and developers of not playing a more active role of developing alternatives to the staff proposal.

"I don't want this to come down to the eleventh hour where we become code writers," Cyphers said. "I am afraid that's what it is going to get down to and bring politics into the system."

Henderson Mayor Jim Gibson said some residents believe the city has favored developers, but the city has an obligation to ensure any blasting that is done is safe.

"More than anything, we want to give ourselves some comfort," Gibson said.

Gibson said the city plans to hire a second consultant to review the work of Aimone-Martin and verify her claims that blasting hasn't caused any damage.

Aimone-Martin said she welcomes the review but acknowledges that the consultant field is limited, and engineers under consideration have worked with her in the past. She said, however, that shouldn't taint their work.